The Delhi High Court on Monday held as maintainable
a plea by the Popular Front of India (PFI) against a tribunal order upholding
the Centre's five-year ban on the group.
A bench of Chief Justice Devendra Kumar Upadhyaya
and Justice Tushar Rao Gedela issued notice to the Centre, asking it to respond
to the PFI's plea within six weeks.
The court also granted two weeks to the PFI to file
its rejoinder thereafter and listed the matter for further hearing on January
20, 2026.
"In view of the aforesaid, we hold that this
court has the jurisdiction to entertain and maintain a writ petition filed
under Article 226 of the Constitution against an order of the tribunal passed
under Section 4 of the UAPA Act... we thus hold the instant petition to be
maintainable," the bench said while pronouncing its order.
On August 28, the high court reserved its order on
the issue of maintainability of the PFI's plea.
The PFI challenged the March 21, 2024, verdict of
the Unlawful Activities (Prevention) Act tribunal confirming the Centre's ban
order dated September 27, 2022.
The Centre said the petition was not maintainable as
the UAPA tribunal was headed by a sitting high court judge and therefore the
order could not be challenged under Article 226 of the Constitution of India.
The Centre banned the PFI for five years for its
alleged links with global terrorist organisations, such as ISIS, and for trying
to spread communal hatred in the country.
The government declared as "unlawful
associations" the PFI and its associates or affiliates or fronts,
including Rehab India Foundation, Campus Front of India, All India Imams
Council, National Confederation of Human Rights Organisation, National Women's
Front, the Junior Front, Empower India Foundation and Rehab Foundation, Kerala.
The notification proscribing the organisation said
the Centre is of the firm opinion that it is necessary to declare the PFI and
its associates, affiliates or fronts "unlawful associations" with
immediate effect under the UAPA.
More than 150 people allegedly linked to the PFI
were detained or arrested in raids and a pan-India crackdown by law enforcement
agencies in September 2022.